KUNTI Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution has been filed by petitioner Smt. Kunti daughter of Bhagwan Prasad and Uma Shankar, S/o Bhagwan Prasad being aggrieved by judgment and order dated 06.10.2009, passed by I Additional District Judge, Sonbhadra in Misc. Appeal No. 55 of 1997, whereby he has dismissed the said appeal and confirmed order dated 4th July 1997, passed by Forest Settlement Officer, Robertsganj, District Sonbhadra (hereinafter referred to as "F.S.O."), rejecting petitioners' objections dated 09.06.1982, filed under Section 9 of Indian Forest Act 1927 (hereinafter referred to as "Act 1927").

(2.) THE dispute relates to plots no. 1030 (area 40 -17 -0), 1037 (area 8 -7 -0) and 1043 (area 3 -19 -0), (presently, new no. 1338 Ka, 1338 Kha and 1341). The aforesaid land was declared Forest Land vide notification issued in 1968 under Section 4 of Act 1927. The petitioners filed belated objections in 1982 along with an application seeking condonation of delay under Section 5 of Limitation Act, 1963 (hereinafter referred to as "Act 1963"). While the aforesaid objections were pending, notification under Section 20 of Act 1927 was issued in 1991, declaring disputed land as forest land.

(3.) THE petitioners claimed that the disputed land was never a forest land nor waste land since much before the abolition of Zamindari under U.P. Z.A. and L.R. Act, 1950 and it has been in continuous possession of petitioners. Forest Department has no legal or otherwise right to declare the same as forest land. The F.S.O. formulated following four issues on 22.6.1997: